H‑0352.1   _____________________________________________






State of Washington      57th Legislature     2001 Regular Session


By Representatives Mulliken, Dunshee, Edwards, G. Chandler, DeBolt, Dunn and Hatfield


Read first time 01/18/2001.  Referred to Committee on Local Government & Housing.

_1      AN ACT Relating to public hospital districts; and amending RCW

_2  70.44.060.




_4      Sec. 1.  RCW 70.44.060 and 1997 c 3 s 206 are each amended to read

_5  as follows:

_6      All public hospital districts organized under the provisions of

_7  this chapter shall have power:

_8      (1) To make a survey of existing hospital and other health care

_9  facilities within and without such district.

10      (2) To construct, condemn and purchase, purchase, acquire,

11  lease, add to, maintain, operate, develop and regulate, sell and

12  convey all lands, property, property rights, equipment, hospital

13  and other health care facilities and systems for the maintenance

14  of hospitals, buildings, structures, and any and all other

15  facilities, and to exercise the right of eminent domain to

16  effectuate the foregoing purposes or for the acquisition and

17  damaging of the same or property of any kind appurtenant thereto,

18  and such right of eminent domain shall be exercised and instituted

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_1  pursuant to a resolution of the commission and conducted in the

_2  same manner and by the same procedure as in or may be provided by

_3  law for the exercise of the power of eminent domain by

_4  incorporated cities and towns of the state of Washington in the

_5  acquisition of property rights:  PROVIDED, That no public hospital

_6  district shall have the right of eminent domain and the power of

_7  condemnation against any health care facility.

_8      (3) To lease existing hospital and other health care facilities

_9  and equipment and/or other property used in connection therewith,

10  including ambulances, and to pay such rental therefor as the

11  commissioners shall deem proper; to provide hospital and other

12  health care services for residents of said district by facilities

13  located outside the boundaries of said district, by contract or in

14  any other manner said commissioners may deem expedient or

15  necessary under the existing conditions; and said hospital

16  district shall have the power to contract with other communities,

17  corporations, or individuals for the services provided by said

18  hospital district; and they may further receive in said hospitals

19  and other health care facilities and furnish proper and adequate

20  services to all persons not residents of said district at such

21  reasonable and fair compensation as may be considered proper:

22  PROVIDED, That it must at all times make adequate provision for

23  the needs of the district and residents of said district shall

24  have prior rights to the available hospital and other health care

25  facilities of said district, at rates set by the district

26  commissioners.

27      (4) For the purpose aforesaid, it shall be lawful for any

28  district so organized to take, condemn and purchase, lease, or

29  acquire, any and all property, and property rights, including

30  state and county lands, for any of the purposes aforesaid, and any

31  and all other facilities necessary or convenient, and in

32  connection with the construction, maintenance, and operation of

33  any such hospitals and other health care facilities, subject,

34  however, to the applicable limitations provided in subsection (2)

35  of this section.

36      (5) To contract indebtedness or borrow money for corporate

37  purposes on the credit of the corporation or the revenues of the

38  hospitals thereof, and the revenues of any other facilities or

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_1  services that the district is or hereafter may be authorized by

_2  law to provide, and to issue and sell:  (a) Revenue bonds, revenue

_3  warrants, or other revenue obligations therefor payable solely out

_4  of a special fund or funds into which the district may pledge such

_5  amount of the revenues of the hospitals thereof, and the revenues

_6  of any other facilities or services that the district is or

_7  hereafter may be authorized by law to provide, to pay the same as

_8  the commissioners of the district may determine, such revenue

_9  bonds, warrants, or other obligations to be issued and sold in the

10  same manner and subject to the same provisions as provided for the

11  issuance of revenue bonds, warrants, or other obligations by

12  cities or towns under the Municipal Revenue Bond Act, chapter

13  35.41 RCW, as may hereafter be amended; (b) general obligation

14  bonds therefor in the manner and form as provided in RCW 70.44.110

15  and 70.44.130, as may hereafter be amended; or (c) interest-

16  bearing warrants to be drawn on a fund pending deposit in such

17  fund of money sufficient to redeem such warrants and to be issued

18  and paid in such manner and upon such terms and conditions as the

19  board of commissioners may deem to be in the best interest of the

20  district; and to assign or sell hospital accounts receivable, and

21  accounts receivable for the use of other facilities or services

22  that the district is or hereafter may be authorized by law to

23  provide, for collection with or without recourse.  General

24  obligation bonds shall be issued and sold in accordance with

25  chapter 39.46 RCW.  Revenue bonds, revenue warrants, or other

26  revenue obligations may be issued and sold in accordance with

27  chapter 39.46 RCW.

28      (6) To raise revenue by the levy of an annual tax on all

29  taxable property within such public hospital district not to

30  exceed fifty cents per thousand dollars of assessed value, and an

31  additional annual tax on all taxable property within such public

32  hospital district not to exceed twenty-five cents per thousand

33  dollars of assessed value, or such further amount as has been or

34  shall be authorized by a vote of the people.  Although public

35  hospital districts are authorized to impose two separate regular

36  property tax levies, the levies shall be considered to be a single

37  levy for purposes of the limitation provided for in chapter 84.55

38  RCW.  Public hospital districts are authorized to levy such a

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_1  general tax in excess of their regular property taxes when

_2  authorized so to do at a special election conducted in accordance

_3  with and subject to all of the requirements of the Constitution

_4  and the laws of the state of Washington now in force or hereafter

_5  enacted governing the limitation of tax levies.  The said board of

_6  district commissioners is authorized and empowered to call a

_7  special election for the purpose of submitting to the qualified

_8  voters of the hospital district a proposition or propositions to

_9  levy taxes in excess of its regular property taxes.  The

10  superintendent shall prepare a proposed budget of the contemplated

11  financial transactions for the ensuing year and file the same in

12  the records of the commission on or before the first ((Monday in

13  September)) day of November.  Notice of the filing of said proposed

14  budget and the date and place of hearing on the same shall be

15  published for at least two consecutive weeks, at least one time

16  each week, in a newspaper printed and of general circulation in

17  said county.  On or before the ((first Monday in October)) fifteenth

18  day of November the commission shall hold a public hearing on said

19  proposed budget at which any taxpayer may appear and be heard

20  against the whole or any part of the proposed budget.  Upon the

21  conclusion of said hearing, the commission shall, by resolution,

22  adopt the budget as finally determined and fix the final amount of

23  expenditures for the ensuing year.  Taxes levied by the commission

24  shall be certified to and collected by the proper county officer

25  of the county in which such public hospital district is located in

26  the same manner as is or may be provided by law for the

27  certification and collection of port district taxes.  The commission

28  is authorized, prior to the receipt of taxes raised by levy, to

29  borrow money or issue warrants of the district in anticipation of

30  the revenue to be derived by such district from the levy of taxes

31  for the purpose of such district, and such warrants shall be

32  redeemed from the first money available from such taxes when

33  collected, and such warrants shall not exceed the anticipated

34  revenues of one year, and shall bear interest at a rate or rates

35  as authorized by the commission.

36      (7) To enter into any contract with the United States

37  government or any state, municipality, or other hospital district,

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_1  or any department of those governing bodies, for carrying out any

_2  of the powers authorized by this chapter.

_3      (8) To sue and be sued in any court of competent jurisdiction:

_4  PROVIDED, That all suits against the public hospital district

_5  shall be brought in the county in which the public hospital

_6  district is located.

_7      (9) To pay actual necessary travel expenses and living expenses

_8  incurred while in travel status for (a) qualified physicians who

_9  are candidates for medical staff positions, and (b) other

10  qualified persons who are candidates for superintendent or other

11  managerial and technical positions, when the district finds that

12  hospitals or other health care facilities owned and operated by it

13  are not adequately staffed and determines that personal interviews

14  with said candidates to be held in the district are necessary or

15  desirable for the adequate staffing of said facilities.

16      (10) To make contracts, employ superintendents, attorneys, and

17  other technical or professional assistants and all other

18  employees; to make contracts with private or public institutions

19  for employee retirement programs; to print and publish information

20  or literature; and to do all other things necessary to carry out

21  the provisions of this chapter.


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